Legal Question in Civil Litigation in Georgia

lawn care service contract

we've been using a lawn care service now for two years. We signed up for premium service wanting reel cut service on our lawn. This conractor has yet to deliver reel cut service. We are paying the full amount each month and are sick of the service. We are not getting what we are paying for. We notified them that since they can not deliver what we are paying for after two years, we want to cancel the service. Now they want to charge us a three month cancelation fee. We refused this cancellaiton fee since we've not yet received what we contractually agreed service. They are threatening to place a lein against our house if we do not pay the cancellation fee. This cancellation fee is $720.00.

Can they get away with this practice?


Asked on 10/26/06, 2:41 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: lawn care service contract

We do not have your contract, or the terms, so a firm response is not possible. However, generally, when one party to a contract consistently accepts something less than full performance by another party, and it goes on for a significant period of time (example - two years), it may be considered a waiver. To answer your question about whether they can get away with it - they did for two years. The time to complain and insist on strict performance is in the beginning. One cannot generally hold the breach card in their pocket for a long period of time, then bring it out when they need it.

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Answered on 10/26/06, 4:30 pm


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